December 2008 Cases Decided by the 1st Court of Appeals - Houston, TX
(Tex. App.- Houston [1st Dist.] 2008)
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COURTS IN HARRIS COUNTY

11         Judge Mark Davidson  
55         
Judge Dion Ramos
55         Judge Jeff Shadwick (former)
55         Judge Jeff Brown (former)
61         Judge John Donovan
80         Judge Lynn Bradshaw-Hull
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190         
Judge Patricia Kerrigan
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269         Judge Dan Hinde
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333         Joseph James Halbach Jr.
334         Judge Sharon McCally


December 2008 Decision and Opinion Release Dates:  

Dec. 4, 10, 11, 12, 18, 19, 22, 23, ___, 2008           

DECEMBER 2008 CIVIL CASE TABLE

December 23, 2008

Civil Causes Decided:

In re Dockum (Tex.App- Houston [1st Dist.] Dec. , 2008)(per curiam)
DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam
(failure to file findings of fact)
Before Justices Jennings, Hanks and Bland
01-08-00978-CV  In re Richard L. Dockum
Appeal from
165th District Court of Harris County
Trial Court Judge: Hon. Elizabeth Ray

Criminal Causes Decided:

DISMISS APPEAL: Per Curiam  
Before Justices Taft, Keyes and Alcala
01-08-00924-CR        Frank Calaway Williams v. The State of Texas
Appeal from 185th District Court of Harris County

December 22, 2008

Civil Causes Decided:

In re Travelers Live & Annuity Co. (Tex.App.- Houston [1st Dist.] Dec. 22, 2008)(per curiam dismissal)
(judge against whom mandamus sought no longer in office, abatement followed by dismissal)  
DISMISS PETITION FOR WRIT OF MANDAMUS: Per Curiam  
Before Justices Taft, Nuchia and Alcala
01-05-00905-CV In re Travelers Life & Annuity Company
Appeal from County Civil Court at Law No 2 of Harris County (Gary Michael Block)

Criminal Causes Decided:

None

December 19, 2008

Civil Causes Decided:

Poland v. Ott (Tex.App.- Houston [1st Dist.] Dec. 19, 2008)(Taft)(substituted opinion)  
(
HCLC, motion to dismiss, timely service of expert report)
AFFIRM TC JUDGMENT: Opinion by
Justice Taft  
Before Justices Taft, Keyes and Alcala
01-07-00199-CV  Raymon Poland, Individually and as Independent Administrator of the Estate of Jessie Poland,
Robert Martin, and Frank Martin v. Dr. David Ott
Appeal from 152nd District Court of Harris County
Trial Court Judge:  Hon. Kenneth P. Wise
Concurring Opinion by Justice Taft  
Dissenting Opinion by Justice Jennings   

Cook v. Missionary Village Apartments (Tex.App.- Houston [ 1st Dist.] Dec. 19, 2008)(Nuchia) (eviction appeal)
REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Nuchia  
Before Justices Nuchia, Alcala and Hanks
01-07-00279-CV  Damini Cook v. Missionary Village Apartments
Appeal from County Civil Court at Law No 1 of Harris County
Trial Court Judge:
Hon. Jack Cagle   

Beard v. Endeavor Natural Gas, LP (Tex.App.- Houston [1st Dist.] Dec. 19, 2008)(Bland)
(
oil and gas law, venue, royalties, declaratory judgment, attorney's fees)
AFFIRM TC JUDGMENT: Opinion by
Justice Bland  
Before Justices Jennings, Hanks and Bland)
01-08-00180-CV  Joseph Mitchell Beard v. Endeavor Natural Gas, L.P., and Tepee Petroleum Company
Appeal from 113th District Court of Harris County
Trial Court Judge:
Hon. Patricia Hancock

In re John Cole (Tex.App.- Houston [1st Dist.] Dec. 19, 2008)
(per curiam denial of mandamus, order on motion to compel)
DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam
Before Justices Taft, Keyes and Alcala
01-08-00958-CV In re John Cole and Twenty Twenty Properties, Inc.,
Appeal from
295th District Court of Harris County

Criminal Causes Decided:

DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam  
Before Justices Taft, Keyes and Alcala
01-08-00877-CR        In re Angel Soliz, Sr.
Appeal from 248th District Court of Harris County

DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam  
Before Justices Taft, Keyes and Alcala
01-08-00878-CR        In re Angel Soliz, Jr.
Appeal from 248th District Court of Harris County  

Released Opinions

December 18, 2008

Civil Causes Decided:

Sinegaure v. Bally Total Fitness Corp,. (Tex.App.- Houston [1st Dist.] Dec. 18, 2008)(Taft)
(liability for death, emergency medical service, gym,
admission of evidence microfilmed contract)
AFFIRM TC JUDGMENT: Opinion by
Justice Taft  
Before Justices Taft, Keyes and Alcala
01-05-01070-CV  Vanessa Sinegaure, Individually and as Representative of the Estate of Darnell Sinegaure,
Deceased; Virginia Sineguare, Darnell Jones and Harold Moore v. Bally Total Fitness Corporation, et al.
Appeal from 334th District Court of Harris County
Trial Court
Judge: Hon Sharon McCally

Douglas v. Booker (Tex.App.-Houston [1st Dist.] Dec. 18, 2008)(Jennings)
(
interlocutory order denying summary judgment not immediately appealable)
DISMISS APPEAL: Opinion by Justice Jennings  
Before Justices Jennings, Hanks and Bland
01-06-01069-CV  Ralph O. Douglas v. Joyce Booker
Appeal from 129th District Court of Harris County
Trial Court
Judge: Hon. Grant Dorfman

DISMISS APPEAL: Opinion by Justice Jennings  
Before Justices Jennings, Hanks and Bland
01-06-01069-CV  Ralph O. Douglas v. Joyce Booker
Appeal from
129th District Court of Harris County
Trial Court Judge: Hon. Grant Dorfman

TransAmerica Occidental Life Ins. Co. v. Rapid Settlements (Tex.App.- Houston [1st Dist.] Dec. 18, 2008)(Bland)
(
arbitration, no agreement to arbitrate, nonsignatories)(substituted opinion on motion for rehearing)
REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by
Justice Bland  
Before Chief Justice Radack, Justices Jennings and Bland
01-07-00137-CV  TransAmerica Occidental Life Insurance Company and TransAmerica Annuity Service
Corporation v. Rapid Settlements
Appeal from County Civil Court at Law No 1 of Harris County
Trial Court
Judge: Hon. Jack Cagle    

Cruz v. Houston General Ins. Co. (Tex.App.- Houston [1st Dist.] Dec. 18, 2008)(Keyes)
(
TWCC, SIB, supplemental benefits)
AFFIRM TC JUDGMENT: Opinion by
Justice Evelyn Keyes  
Before Justices Taft, Keyes and Alcala
01-07-00225-CV  Victoria M. Cruz v. Houston General Insurance Company
Appeal from County Court at Law No 2 & Probate Court of Brazoria County

Grant v. Laughlin Environmental, Inc. (Tex.App.- Houston [1st Dist.] Dec. 18, 2008)(Jennings)
(
summary judgment evidence, conclusory affidavit, breach of contract, quantum meruit, fraud, negligent
misrepresentation)
AFFIRM TC JUDGMENT: Opinion by
Justice Jennings  
Before Chief Justice Radack, Justices Jennings and Bland
01-07-00227-CV  Carroll Grant v. Laughlin Environmental, Inc.
Appeal from 164th District Court of Harris County
Trial Court
Judge: Hon. Martha Hill Jamison

DISMISS APPEAL: Per Curiam  
Before Chief Justice Radack, Justices Nuchia and Higley
01-07-00271-CV  Adrienne J. Hicks and Jesus A. Castro v. Department Family and Protective Services Appeal
from 313th District Court of Harris County

Kyung Lee v. Kwik Industries, Inc. (Tex.App.-Houston [1st Dist.] Dec. 18, 2008)(Jennings)
(
breach of contract, declaratory judgment, sj)  
REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS:
Opinion by
Justice Terry Jennings  
Before Justices Jennings, Hanks and Bland
01-07-01003-CV Woo Kyung Lee and Jung Lee Jones Partnership v. Kwik Industries, Inc.
Appeal from 151st District Court of Harris County
Trial Court
Judge: Hon. Caroline E. Baker

DISMISS APPEAL: Per Curiam  
Before Justices Taft, Keyes and Alcala)
01-08-00066-CV        Donna Holcomb aka Donna Gayle Holcomb v. The State of Texas
Appeal from 209th District Court of Harris County

DISMISS APPEAL: Per Curiam  
Before Chief Justice Radack, Justices Nuchia and Higley
01-08-00671-CV        Janice Myles v. Foodarama #1
Appeal from 55th District Court of Harris County

DISMISS APPEAL: Per Curiam
Before Chief Justice Radack, Justices Taft and Higley
01-08-00702-CV        Trula Montgomery Samuel v. Wal-Mart Stores, Inc.
Appeal from 129th District Court of Harris County

Criminal Causes Decided:

AFFIRM TC JUDGMENT: Opinion by Justice Keyes  
Before Justices Taft, Keyes and Alcala
01-07-00212-CR        Gerald Wayne Graves v. The State of Texas
Appeal from 405th District Court of Galveston County

AFFIRM TC JUDGMENT: Opinion by Justice Higley
Before Chief Justice Radack, Justices Nuchia and Higley
01-07-00291-CR        Revat Rene Vara v. The State of Texas
Appeal from 208th District Court of Harris County

AFFIRM TC JUDGMENT: Opinion by Justice Keyes  
Before Justices Taft, Keyes and Alcala
01-07-00501-CR        Bruce Milner v. The State of Texas
Appeal from 239th District Court of Brazoria County

AFFIRM TC JUDGMENT: Opinion by Justice Keyes  
Before Justices Taft, Keyes and Alcala
01-07-00563-CR        Jose Paulino Chavez v. The State of Texas
Appeal from 338th District Court of Harris County

AFFIRM TC JUDGMENT: Opinion by Justice Higley
Before Chief Justice Radack, Justices Nuchia and Higley
01-07-00680-CR        Louis Mendez v. The State of Texas
Appeal from 232nd District Court of Harris County

REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS:
Opinion by Justice Alcala  
Before Justices Taft, Keyes and Alcala
01-07-00740-CR        David Garza v. The State of Texas
Appeal from Co Crim Ct at Law No 8 of Harris County

AFFIRM TC JUDGMENT: Opinion by Justice Keyes
Before Justices Taft, Keyes and Alcala
01-07-00774-CR        Gregory Bryan Myers v. The State of Texas
Appeal from 185th District Court of Harris County

AFFIRM TC JUDGMENT: Opinion by Justice Higley  
Before Chief Justice Radack, Justices Nuchia and Higley
01-07-00964-CR        Price Padgett v. The State of Texas
Appeal from 56th District Court of Galveston County

AFFIRM TC JUDGMENT: Opinion by Justice Taft  
Before Justices Taft, Keyes and Alcala
01-07-01070-CR        Ray Martinez v. The State of Texas
Appeal from 209th District Court of Harris County

AFFIRM TC JUDGMENT: Opinion by Justice Jennings
Before Justices Jennings, Hanks and Bland
01-07-01084-CR        Jaimel Smith v. The State of Texas
Appeal from 23rd District Court of Brazoria County

AFFIRM TC JUDGMENT: Opinion by Justice Bland
Before Justices Jennings, Hanks and Bland
01-08-00144-CR        William Harris v. The State of Texas
Appeal from 232nd District Court of Harris County

AFFIRM TC JUDGMENT: Opinion by Justice Jennings  
Before Justices Jennings, Hanks and Bland
01-08-00207-CR        Edward Jevan Ervin v. The State of Texas
Appeal from 177th District Court of Harris County

DISMISS APPEAL: Per Curiam  
Before Chief Justice Radack, Justices Nuchia and Higley
01-08-00874-CR        David J. Bustos v. The State of Texas
Appeal from 262nd District Court of Harris County

December 12, 2008

Civil Causes Decided:

Criminal Causes Decided:

DISMISS PETITION FOR WRIT OF MANDAMUS: Per Curiam  
Before Justices Jennings, Hanks and Bland
01-08-00654-CR        In re Yebio Petro--Appeal from 337th District Court of Harris County

DISMISS PETITION FOR WRIT OF MANDAMUS: Per Curiam  
Before Justices Jennings, Hanks and Bland
01-08-00721-CR        In re Yebio Petros--Appeal from 337th District Court of Harris County

December 11, 2008

Civil Causes Decided:

PPI Technology Services LP v. Onca Petroleum Development, Inc. (Tex.App.- Houston [1st Dist.] Dec. 11,
2008)(Nuchia) (
segregation of attorney's fees, motion for new trial based on newly discovered evidence)
REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS:
Opinion by
Justice Sam Nuchia  
Before Chief Justice Radack, Justices Nuchia and Higley
01-06-00873-CV   PPI Technology Services, L.P. v. Onca Petroleum Development, Inc.Appeal from 190th
District Court of Harris County
Trial Court
Judge: Hon. Jennifer Walker Elrod

Guerrero v. Boyd (Tex.App.- Houston [1st Dist.] Dec. 11, 2008)(Nuchia)(pro se appeal deficient briefing, parties
to the appeal, nonsuited party not appellees, ineffective assistance of counsel)
AFFIRM TC JUDGMENT: Opinion by
Justice Nuchia  
Before Chief Justice Radack, Justices Nuchia and Higley
01-07-00465-CV   Maria Elena Guerrero v. Mark A. Boyd and Control Solutions, Inc.
Appeal from 269th District Court of Harris County
Trial Court Judge:
Hon. John Thomas Wooldridge

Lowry v. Liberty Lloyds of Texas Ins. Co. (Tex.App.- Houston [1st Dist.] Dec. 11, 2008)(Alcala)
(
Tex.App.- Houston [1st Dist.] Dec. 11, 2008)(Alcala)
(
appeal from summary judgment; one ground for sj not challenged)
AFFIRM TC JUDGMENT: Opinion by Justice Alcala  
Before Justices Taft, Alcala and Hanks
01-07-00796-CV   David Lowry v. Liberty Lloyds of Texas Insurance Company
Appeal from County Civil Court at Law No 3 of Harris County
Trial Court
Judge: Hon. Linda Storey

In the Matter of AMM (Tex.App.- Houston [1st Dist.] Dec. 11, 2008)(Nuchia)
(
juvenile deliquency, drag racing death, habeas corpus)
AFFIRM TC JUDGMENT: Opinion by
Justice Nuchia
Before Justices Nuchia, Hanks and Higley
01-07-01099-CV In the Matter of A.M.M.
Appeal from 314th District Court of Harris County

Sullivan DDS v. UTHSC at Houston Dental Branch (Tex.App. - Houston [1st Dist.] Dec. 11, 2008)(Alcala)
(
Tex.App. - Houston [1st Dist.] Dec. 11, 2008)(Alcala)(governmental immunity, public  employment, ADEA claim,
no property interest)
AFFIRM TC JUDGMENT: Opinion by
Justice Alcala
Before Justices Taft, Keyes and Alcala
01-08-00327-CV  Cornelius C. Sullivan, D.D.S. v. University of Texas Health Science Center at Houston Dental
Branch, Peter T. Triolo, Jr., D.D.S., Catherine M. Flaitz, D.D.S., and James T. Willerson, M.D.
Appeal from 80th District Court of Harris County
Trial Court
Judge: Hon. Lynn Bradshaw-Hull

James v. METRO (Tex.App.- Houston [1st Dist.] Dec. 11, 2008)(Bland)
(
untimely notice of appeal, no appellate jurisdiction, appeal dismissed DWOJ)
DISMISS APPEAL: Opinion by
Justice Bland  
Before Justices Jennings, Hanks and Bland
01-08-00440-CV David James v. Metropolitan Transit Authority
Appeal from 281st District Court of Harris County
Trial Court
Judge: Hon. David J. Bernal

DISMISS APPEAL: Per Curiam
Before Chief Justice Radack, Justices Taft and Higley
01-08-00597-CV  Tanya Livingston v. Triangle Holding, Inc.
Appeal from
County Civil Court at Law No 3 of Harris County

DISMISS APPEAL: Per Curiam  
Before Justices Taft, Keyes and Alcala
01-08-00651-CV        Thomas A. Summers, Jr. v. Avishai Ron
Appeal from
61st District Court of Harris County

In re OAG (Tex.App- Houston [1st Dist.] Dec 11, 2008)(Taft) Taft)
(
bill of review, prior factually false paternity adjudication upheld, parentage proceeding)
GRANT PETITION FOR WRIT OF MANDAMUS: Opinion by
Justice Taft  
Before Justices Taft, Keyes and Alcala
01-08-00670-CV  In re The Office of the Attorney General of Texas
Appeal from 310th District Court of Harris County
Trial Court
Judge: Hon. Lisa Millard

DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam  
Before Justices Jennings, Hanks and Bland
01-08-00899-CV        In re Lena Jo Barber and Baird, Crews, Schiller & Whitaker, P.C.
Appeal from County Court of Waller County

DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam  
Before Justices Taft, Keyes and Alcala
01-08-00952-CV        In re Charles Watkins
Appeal from
190th District Court of Harris County

DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam  
Before Justices Taft, Nuchia and Higley
01-08-00980-CV        In re Carl Poston and Sherea Poston
Appeal from Co Civil Ct at Law No 4 of Harris County

Criminal Causes Decided:

DISMISS APPEAL: Opinion by Justice Nuchia
Before Chief Justice Radack, Justices Nuchia and Higley
01-07-00042-CR        Jose Jesus Franco v. The State of Texas
Appeal from 174th District Court of Harris County

AFFIRM TC JUDGMENT: Opinion by Justice Taft  
Before Justices Taft, Keyes and Alcala
01-07-00301-CR        Elden Lee Carter v. The State of Texas
Appeal from 412th Judicial District Court of Brazoria County

AFFIRM TC JUDGMENT: Opinion by Justice Nuchia  
Before Chief Justice Radack, Justices Nuchia and Higley
01-07-00417-CR        Chad Isenberger v. The State of Texas
Appeal from 412th Judicial District Court of Brazoria County

AFFIRM TC JUDGMENT: Opinion by Justice Keyes  
Before Justices Taft, Keyes and Alcala
01-07-00442-CR        George Urbina v. The State of Texas
Appeal from 10th District Court of Galveston County

AFFIRM TC JUDGMENT: Opinion by Justice Nuchia
Before Chief Justice Radack, Justices Nuchia and Higley
01-07-00450-CR        Davond Lee Robertson v. The State of Texas
Appeal from 176th District Court of Harris County

AFFIRM TC JUDGMENT: Opinion by Justice Keyes  
Before Justices Taft, Keyes and Alcala
01-07-00502-CR        Anthony Dunte Bailey v. The State of Texas
Appeal from 338th District Court of Harris County

AFFIRM TC JUDGMENT: Opinion by Justice Nuchia  
Before Chief Justice Radack, Justices Nuchia and Higley
01-07-00628-CR        Jackie Hawkins v. The State of Texas
Appeal from 351st District Court of Harris County

AFFIRM TC JUDGMENT: Per Curiam  
Before Justices Jennings, Hanks and Bland
01-07-00892-CR        Quintin Tobias Woods v. The State of Texas
Appeal from 178th District Court of Harris County

AFFIRM TC JUDGMENT: Per Curiam  
Before Justices Jennings, Hanks and Bland
01-07-00893-CR        Quintin Woods v. The State of Texas
Appeal from 178th District Court of Harris County

DISMISS APPEAL: Per Curiam  
Before Justices Taft, Keyes and Alcala
01-07-01026-CR        Steven Duane Cathcart v. The State of Texas
Appeal from 248th District Court of Harris County

AFFIRM TC JUDGMENT: Opinion by Justice Bland  
Before Judge Wilson, Justices Hanks and Bland
01-08-00266-CR        John Robert Randolph v. The State of Texas
Appeal from 19th District Court of McLennan County

December 10, 2008

Civil Causes Decided:

Criminal Causes Decided:

DISMISS PETITION FOR WRIT OF MANDAMUS: Per Curiam  
Before Justices Jennings, Hanks and Bland
01-08-00857-CR        In re Michael E. Roberts
Appeal from 182nd District Court of Harris County

December 4, 2008

Civil Causes Decided:

Douglas v. Douglas (Tex.App.- Houston [1st Dist.] Dec. 4, 2008)(Nuchia)
(DWOP, reinstatement, findings of fact, pro se)
AFFIRM TC JUDGMENT: Opinion by Justice Nuchia  
Before Judge Wilson, Justices Nuchia and Higley
01-06-00925-CV  Ralph O. Douglas v. Elise S. Douglas
Appeal from 257th District Court of Harris County
Trial Court Judge:  Hon. Doug Warne

Hunt Construction Group, Inc. v. Konecny (Tex.App. - Houston [1st Dist.] Dec. 4, 2008)(Alcala)
(workers comp, exclusive remedy defense, subcontractors, construction law)
REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Alcala  
Before Justices Taft, Keyes and Alcala
01-06-01155-CV Hunt Construction Group, Inc., Desert Plains, Inc., Way Engineering, Ltd., and Way
Engineering Service, Ltd. v. Kevin Konecny
Appeal from 125th District Court of Harris County
Trial Court Judge: Hon. John Coselli

CMA-CGM (America) Inc. v. Empire Truck Lines, Inc. (Tex.App. - Houston [1st Dist.] Dec. 4, 2008)(Alcala)
(indemnity, choice of law, foreign state)
REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS:
Opinion by Justice Alcala  
Before Justices Taft, Keyes and Alcala
01-07-00187-CV  CMA-CGM (America) Inc. v. Empire Truck Lines, Inc.
Appeal from 280th District Court of Harris County
Trial Court Judge: Hon. Tony Lindsay

City of Houston v. Buttitta (Tex.App. - Houston [1st Dist.] Dec. 4, 2008)(Opinion on rehearing by Hanks)
(UDJA, city's declaratory judgment action not jurisdictionally barred after all, appeal from civil service
commission determination)(original opinion held otherwise)
REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS:
Opinion by Justice Hanks  
Before Justices Alcala, Hanks and Higley
01-07-00323-CV City of Houston v. Joseph A. Buttitta
Appeal from 113th District Court of Harris County
Trial Court Judge: Hon. Patricia Hancock

Span Enterprises v. Wood (Tex.App. - Houston [1st Dist.] Dec. 4, 2008)(Alcala)
(no attorney-client relationship, fiduciary duty, aiding and abetting, due diligence, limitations, time-barred)
AFFIRM TC JUDGMENT: Opinion by Justice Alcala  
Before Justices Taft, Keyes and Alcala
01-07-00364-CV  Span Enterprises and Praful Amin, M.D. v. Ivan Wood  
Appeal from 215th District Court of Harris County
Trial Court Judge: Hon. Levi J. Benton

Kahng v. Verity (Tex.App.- Houston [1st Dist.] Dec. 4, 2008)(per curiam DWOP dismissal)
DISMISS APPEAL: Per Curiam
Before Justices Jennings, Hanks and Bland
01-07-00556-CV  Clara Kahng, Individually and on behalf of Wony Kahng, Howard Kahng and Sarah Roh v.
John Richard Verity, Joel Reyes Gonzales, Nicole M. Kan, Johnny Jesus Figueroa and Liberty Mutual Insurance
Co.--Appeal from
164th District Court of Harris County
Trial Court Judge:  Hon. Martha Hill Jamison

DISMISS APPEAL: Per Curiam  (motion to dismiss)
Before Justices Jennings, Hanks and Bland
01-07-00693-CV  Yam Business, Inc., Karimali Dholasaniya and Jay R. Yim v. Beaches & Beaches, Inc.
Appeal from
215th District Court of Harris County

In re Robert Alpert (Tex.App. - Houston [1st Dist.] Dec. 4, 2008)(Bland)
(recusal, void orders, administrative reassignment of case after recusal)
DENY PETITION FOR WRIT OF MANDAMUS: Opinion by Justice Bland  Before Justices Jennings, Hanks and
Bland
01-08-00804-CV In re Robert Alpert, Roman Alpert, and Daniel Alpert
Appeal from
Probate Court No 2 of Harris County
Trial Court Judge: Hon. Mike Wood

In re Klarman (Tex.App. - Houston [1st Dist.] Dec. 4, 2008)(per curiam denial)
(mandamus re: order on a motion to show authority denied)
DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam  
Before Justices Taft, Keyes and Alcala
01-08-00867-CV In re Andrew Vincent Klarman, and Cafe Montrose, Inc.
Appeal from 257th District Court of Harris County
Trial Court Judge: Hon. Judy Warne  

Criminal Causes Decided:

AFFIRM TC JUDGMENT: Opinion by Justice Hanks  
Before Justices Taft, Hanks and Higley)
01-06-00541-CR        Oliver Eugene Reed v. The State of Texas
Appeal from 262nd District Court of Harris County

AFFIRM TC JUDGMENT: Opinion by Justice Alcala  
Before Justices Taft, Keyes and Alcala)
01-07-00446-CR        Brian Thomas Kirsch v. The State of Texas
Appeal from Co Crim Ct at Law No 8 of Harris County

AFFIRM TC JUDGMENT: Opinion by Justice Alcala  
Before Justices Taft, Keyes and Alcala)
01-07-00447-CR        Brian Thomas Kirsch v. The State of Texas
Appeal from Co Crim Ct at Law No 8 of Harris County

AFFIRM TC JUDGMENT: Opinion by Justice Keyes  
Before Justices Taft, Keyes and Alcala)
01-07-00517-CR        Franklin David Motley v. The State of Texas
Appeal from 253rd District Court of Chambers County

AFFIRM TC JUDGMENT: Opinion by Justice Keyes  
Before Justices Taft, Keyes and Alcala)
01-07-00535-CR        Franklin David Motley v. The State of Texas
Appeal from 253rd District Court of Chambers County

AFFIRM TC JUDGMENT: Opinion by Justice Jennings
Before Justices Jennings, Hanks and Bland)
01-07-00776-CR        John Kenneth Sutton v. The State of Texas
Appeal from 230th District Court of Harris County

AFFIRM TC JUDGMENT: Opinion by Justice Bland  
Before Justices Jennings, Hanks and Bland)
01-07-00941-CR        Daniel Sergio Hansen v. The State of Texas
Appeal from 182nd District Court of Harris County

AFFIRM TC JUDGMENT: Opinion by Justice Jennings  
Before Justices Jennings, Hanks and Bland)
01-07-01023-CR        Leonard Wayne Grimes v. The State of Texas
Appeal from 338th District Court of Harris County

AFFIRM TC JUDGMENT: Opinion by Justice Jennings  
Before Justices Jennings, Hanks and Bland)
01-07-01024-CR        Leonard Wayne Grimes v. The State of Texas
Appeal from 338th District Court of Harris County

AFFIRM TC JUDGMENT: Opinion by Justice Bland  
Before Judge Wilson, Justices Hanks and Bland)
01-07-01072-CR        Maria Gabriela Rincon v. The State of Texas
Appeal from Co Crim Ct at Law No 9 of Harris County

AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack  
Before Chief Justice Radack, Justices Nuchia and Higley)
01-08-00032-CR        Abraham Campos v. The State of Texas
Appeal from 149th District Court of Brazoria County

AFFIRM TC JUDGMENT: Opinion by Justice Alcala  
Before Justices Taft, Keyes and Alcala)
01-08-00078-CR        The State of Texas v. William Rodney Wilson aka William Corrick
Appeal from 21st District Court of Washington County

AFFIRM TC JUDGMENT: Opinion by Justice Bland  
Before Justices Jennings, Hanks and Bland)
01-08-00081-CR        Anthony Wade Brown v. The State of Texas
Appeal from 338th District Court of Harris County

AFFIRM TC JUDGMENT: Opinion by Justice Hanks  
Before Justices Jennings, Hanks and Bland)
01-08-00122-CR        Dennis Lamont Evans v. The State of Texas
Appeal from 338th District Court of Harris County

DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam  
Before Justices Jennings, Hanks and Bland)
01-08-00450-CR        In re Leonard Wayne Kitt
Appeal from 209th District Court of Harris County

AFFIRM TC JUDGMENT: Per Curiam  
Before Chief Justice Radack, Justices Nuchia and Higley)
01-08-00562-CR        Paul Bryan Roach v. The State of Texas
Appeal from 252nd District Court of Jefferson County

DISMISS PETITION FOR WRIT OF MANDAMUS: Per Curiam  
Before Justices Jennings, Hanks and Bland)
01-08-00665-CR        In re Robert Herrera
Appeal from 339th District Court of Harris County

DISMISS APPEAL: Per Curiam  
Before Justices Taft, Keyes and Alcala)
01-08-00843-CR        Steven Klein v. The State of Texas
Appeal from 177th District Court of Harris County

DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam  
Before Justices Taft, Keyes and Alcala)
01-08-00869-CR        In Re Marin Lugo
Appeal from 184th District Court of Harris County

DISMISS PETITION FOR WRIT OF MANDAMUS: Per Curiam  
Before Justices Taft, Keyes and Alcala)
01-08-00903-CR        In re Darren McAfee
Appeal from 337th District Court of Harris County

DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam  
Before Justices Taft, Keyes and Alcala)
01-08-00929-CR        In re Emmett Jackson-
Appeal from 185th District Court of Harris County

DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam
Before Justices Taft, Keyes and Alcala)
01-08-00930-CR        In re Emmett Jackson
Appeal from 185th District Court of Harris County

DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam  
Before Justices Jennings, Hanks and Bland)
01-08-00942-CR        In re Vance Edward Johnson
Appeal from 184th District Court of Harris County